What wild weather means for workplaces
When nature strikes its effects are often felt in workplaces even if the workplace is unaffected by the event. Payment of lost time when employees are not able to attend work due to the impact of weather events can be a concern for employers and employees.
Employees are only entitled to payment for lost time due to wild weather when the provisions of the modern Electrical, Electronic and Communications Contracting Award (Clause 15) are followed.
The Modern Award defines inclement weather as: the existence of abnormal and extreme climatic conditions by virtue of which it is either not reasonable or not safe for employees exposed to continue working for the duration of such conditions.
This does not include incidences when an employee’s home is flooded and the employee cannot safely make their way to work.
However, if an employee is affected by a wild weather event including situations in which an employee cannot safely make their way to work without specifically being instructed not to attend by the employer, the employee should be given the option of taking accrued annual leave, RDO’s or unpaid leave. An employee may be able to make use of carer’s leave in a case where their child care centre is closed, damaged or inaccessible.
Severe weather documents
Outside the provisions of the ‘inclement weather’ provisions of the award businesses that are directly impacted by a weather event may stand down employees during a period in which they cannot usefully be employed. Available alternative work arrangements should be sourced in the first instance.
Clerical and administrative employees do not have a similar inclement weather provision in their relevant modern Clerks – Private Sector Award as such if the employee cannot attend work they may be stood down if work cannot be alternatively arranged or they should be able to access their accrued leave entitlements.
In the case of inclement weather affecting the work the following provisions of the Modern Award that must be adhered prior to payment for lost ordinary hours:
Conference Procedure for Inclement Weather
The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 15 apply.
Transfer of Work Site due to Inclement Weather
Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site or to another site which is not affected by inclement weather. The employer provides transport where necessary.
Payment for Lost Time due to Inclement Weather
An employee will be entitled to payment by the employer for ordinary time lost through inclement weather whilst such conditions prevail.
In situations in which an employee cannot safely make their way to work without specifically being instructed not to attend by the employer, the employee should be given the option of taking accrued annual leave or unpaid leave.
For businesses that have an enterprise agreement in place in your business please refer to the inclement weather provisions in your agreement.
For more information contact our Employer Advice line on 1300 889 198.
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